An Analysis and Comparison of Fermân and Berât. in Ottoman Diplomatics

Transcription

1 An Analysis and Comparison of Fermân and Berât in Ottoman Diplomatics Dr. Nejdet Gök, Lecturer Address: Bilkent University, Department of History, 06533, Ankara, Turkey. Telephone: Fax: e- mail: Turkey. Kürşad U. Akpınar, Ph.D. Candidate Address: Bilkent University, Department of History, 06533, Ankara, Telephone: Fax: e- mail: akpinar@bilkent.edu.tr 1

2 An Analysis and Comparison of Berât and Fermân in Ottoman Diplomatics Apart from being indispensable tools to the historian, Ottoman archival documents constitute one of the lasting testaments to Ottoman civilization. Among these documents, those drawn up in the name of the Ottoman sultan, the fermân and the berât, are the most important and most widely known types. In European literature, all Ottoman sultanic documents have traditionally been called fermân, even including the capitulations, which were technically in the berât form, and would fall into the domain of berât. 1 Indeed, at first glance fermân and berât might appear to be of the same kind, since both documents contain the orders and decisions of the sultan on a certain topic, both carry his tuğ râ at the top, and both are written in the same script. In fact, fermân and berât form the two distinct categories of sultanic documents. Although there are some similarities in form and appearance, they were composed for different purposes and intentions. In this paper, we shall examine the form and contents of fermân and berât and point out the differences between the two documents. We shall proceed by firstly showing the essential components (rükn, pl. erkân ) and requirements ( ş art) to be found in the Sultanic documents generally; we shall then investigate fermân and berât in turn, showing their 1 Jan Reychman and Ananias Zajaczkowski, Handbook of Ottoman - Turkish Diplomatics, revised and expanded translation by Andrew S. Ehrenkreutz, (Mouton, 1968), 137. Nejdet Gök, Osmanl ı Diplomatikasında Bir Berât Çeşidi Olan - Ahidnameler-, Türkiye Günlüğ ü (Jan- Feb 2000) 59:

3 components schematically. Finally, we shall conclude by pointing out the similarities and differences between the two document types. A. The Components (Erkân ) of Sultanic Documents The characteristics and contents of a document are related to its type, subject, date of composition, and to whom it is addressed. When investigated in general terms, we see that Ottoman documents and documents of contemporary European states have similar Diplomatic properties. 2 The Sultanic documents consist of two main sections, if the beginning and ending protocols are viewed as forming a single category: I. Protocol (introduction and conclusion protocols) II. Main Text These two sections are further divided into sub- sections, which are called erkân in the inş â, composition manuals. These parts are described below, with corresponding Latin terms in square brackets and their Ottoman counterparts in parantheses. I. Introductory Protocol (Dibâce, girizg âh, fevâtih ) 1. Invoking God [Invocatio] (Beginning with the name of God; Tesmiye, da vet, tahmîd, or temcîd ) 22 For comparing the Ottoman and Medieval European documents by their properties of Diplomatics, see F. Babinger, Zwei grossherrliche Schenkungsurkunden aus den Jahren 1008/1600 und 1023/1614, MSOSW (1927) 30: ; A. Giry, Manuel de Diplomatique, (Paris, 1925), Also Friedrich Kraelitz, İlk Osmanl ı Padişahları nı n Isdar Etmiş Olduklar ı Baz ı Berâtlar, Tarih- i Osmani Encümeni Mecmuas ı (TOEM) (1917) 5: ; and the same author s Osmanische Urkunden in türkischer Sprache aus der zweiten Halfte des 15. Jahrhunderts. Ein Beitrag zur osmanischen Diplomatik, Sitzungberichte de Akademie der Wissenchaften, Philosphisch- Historische Klasse (Wien, 1921) 197 iii. A recent work dealing with this issue is Olivier Guyotjeannin, Jacques Pycke, and Benoit- Michael Tock, Diplomatique Medievale (Brepols, 1993). 3

4 2. The imperial sign of the sultan (Tuğ râ ) 3. Title and Signature [Initulatio] ( Unvân and Elkâb ) 4. Name and Title of the recipient [Inscriptio] 5. Prayer and wishes of well- being [Salutatio] (Du â) İblâğ) 0. Main Text 6. Narration or Description of the Case [Narratio or Expositio] (Nakil or 7. Order or Decision [Dispositio] (Emir or Hüküm ) 8. Reiteration, Threat, Strengthening, and Curse [Sanctio, Corroboratio and Comminiatio] (Te kîd, Tehdîd, Te yîd, La net ) 0. Conclusion Protocol [Escathocol] (Hatime ) 9. Date [Datatio] (Tarih ) 10. Place [Locus] (Mahall- i Tahrîr, Makâm - ı Isdâr ) 11. Seal [Seal] (Mühür ) Among the sultanic documents, only imperial letters to foreign rulers, the nâme- i hümâyûn, contain these sections in their entirety. In certain sultanic documents some sub- sections shown above may be missing. B. The Components of Fermân I. Introductory Protocol (Dibâce, girizgâh, fevâtih) 1. Invoking God [Invocatio] (Tesmiye, da vet, tahmîd, or temcîd) 2. The imperial sign of the sultan (Tuğrâ) 4

5 3. Name and Title of the recipient(s) [Inscriptio] (Elkâb) 4. Prayers appropriate to the rank(s) of the recipient(s) [Salutatio] (Du â) 0. Main Text 5. Narration of the Case and explanation of the reasons for the composition of the fermân [Narratio or Expositio] (Nakil or iblâğ) 6. Order or Decision [Dispositio] (Emir or Hüküm) 7. Reiteration, Threat, Strengthening, and Curse [Sanctio, Corroboratio and Comminiatio] (Te kîd, Tehdîd, Te yîd, La net) 0. Conclusion Protocol [Escathocol] (Hatime) 8. Date [Datatio] (Tarih) 9. Place [Locus] (Mahall- i Tahrîr, Makâm - ı Isdâr ) C. The Components of Berât I. Introductory Protocol 1. Invoking God (Tesmiye, da vet, tahmîd, or temcîd) 2. The imperial sign of the sultan (Tuğrâ) 3. Berât Opening Formulas: a. Beginning with the unvân (Berâts etc) b. Using the term hükm, decision: It is my decision that (Benim hükmüm oldur kim...) c. Using the term biti : The decision of this biti is such that... (Bu biti hükmü oldur ki...) The biti has been written in such a way that... (Biti kaleme geldi ş ol mûceb ) 5

6 d. Using the term misâl: The order of the matchless ruler, may God the Lord the Great protect him, is such that (misâl- i bî- misâl neffezeh u llâhu l- Meliki l- Müte âl buyruğ u oldur ki) e. Beginning with the term tevkî : The exalted and imperial sign is such that (Tevkî - i refî - i hümâyû n oldur ki) f. Beginning with the phrase sebeb- i tahrîr or vech- i tahrîr: The reason for writing the exalted sign and the cause of the delineation of the yarl ığ is such that... ( sebeb- i tahrîr- i tevkî - i refi ve mûceb- i tastîr- i yarlığ) g. Beginning with the nişân formula: Nişân- ı ş erif Main Text 4. Narration and Exposition of the Case (Nakil or iblâğ) 5. Title and Prayer (Elkâb and Du â) 6. Order or Decision (Emir or Hüküm) 7. Reiteration, Threat, Strengthening, and Curse (Te kîd, Tehdîd, Te yîd, La net) 0. Conclusion Protocol [Escathocol] (Hâtime) 8. Date (Tarih) 9. Place (Mahall- i Tahrîr, Makâm - ı Isdâr ) D. The Terminology of Hükm, Fermân, and Berât 3 1. Hükm 3 We have focused on the pre- Tanzimat period in the following discussion. 6

7 Hükm (pl. ahkâm ) is a term that, in the widest sense, means order or decree. We see it used to mean either fermân or berât in many documents. The dictionary meanings of hük m include a definite order or decision, power, authority, governorship, will, command, prestige, judicial authority, or influence. 4 In Ottoman usage, a written order, issued by the sultan concerning a certain issue, business and duty was called hükm- i hümâyûn. All sultanic documents, regardless of the office in which they had been composed, were called hükm. If the hükm was about a financial issue, the register in which it was recorded would be called mâlî ahkâm, financial orders. Hükms sent to governors or other administrators containing imperial orders for a certain task were called fermân, while those hükm s issued for an appointment or privilege were called berât or ru ûs. Thus, hükms would also be given special names depending on the subject and task, such as fermân, niş ân, berât, tevkî, or menş ûr. The usage of terms meaning decree, edict, or order in early Ottoman documents is more flexible and somewhat ill- defined. For example, in the earliest extant Ottoman tahrîr register, that of Arvanid, dated 835/1432, terms such as mektûb, berât, pa şa berât ı, paş a bitisi, biti, sultan berâtı, be ğ bitisi, mukarrer, and sultan hükmü are frequently used. Though rare, the term pervâne is found as well. While a sultan or pasha could issue a berât, biti is never used for sultan hence no sultan bitisi. For sultanic documents, berât or 4 J. W. Redhouse, A Turkish and English Lexicon (Constantinople, 1890),

8 hükm is used. 5 Thus, a record such as, he has the possession of our sultan s hükm ( elinde sultanımı z hükmü var ) must be referring to either a berât or a fermân. Certainly, the Ottomans employed a lot of terms that more or less mean the same thing an imperial edict. One might be tempted to judge this plethora of terms as being redundant, confusing, or imprecise. Before rushing to such a conclusion, several points must be remembered. In the early period, Ottoman documents just like any other aspect of Ottoman culture- were greatly influenced by the traditions of Islamic states. It is beyond the scope of this article to discuss the origins of Ottoman Diplomatics, but simply looking at the terms will be sufficient to recognize the influence of the Abbasids, Seljukids, Ilkhanids, and Mamluks on Ottoman Diplomatics. We see that after the early period, fermân came to dominate Ottoman chancery practice and many early terms such as biti had completely disappeared by seventeenth century. The Ottomans were succesful in developing their own Diplomatics over and above the Islamic chancery traditions. It should also be remembered that the characteristics of Ottoman documents were remarkably stable througho u t the centuries. In many instances, hükm could be used interchangeably with fermân; many superlatives appended to fermân were also used for hükm. Hükm could also be used for berât, as found in a berât dated 922/1515: I have given 5 Halil İnalcık, Hicri 835 Tarihli Suret- i Defter- i Sancak- i Arvanid, 2nd ed. (Ankara: Türk Tarih Kurumu, 1987), 69, 77. 8

9 this noble hükm, which is obeyed by the whole world, and with which conformity of action is incumbent and I have ordered that 6 The fact that hükm was used to refer to documents which were technically either fermân or berât has caused a great deal of confusion in the literature. As shall be seen, there are many ways of distinguishing between the two types, even when they are indiscriminately called hükm. 2. Fermân Fermân is derived from Persian verb root farmûdan and it means order, decree, or command. 7 In Ottoman Diplomatics, fermân means: A written order of the sultan about an issue, carrying the sultan s tuğ râ, which is also called alâmet- i şerîfe, the noble sign. In Ottoman documents, the terms hükm, biti, misâl, tevkî, nişân, menş ûr and yarlığ were all used, from time to time, to mean fermân, since all of them were written orders of the sultan, and they all bore his tuğ râ. These terms were almost always combined with superlatives that exalted the sultan. Many times, the superlative was a single word epithet, showing that the order originated from the sultan himself. Thus, a fermân would usually be called fermân - ı hümâ yû n (imperial decree), fermâ n - ı pâdiş âhî (imperial decree), or fermân - ı şerîf (noble decree). Sometimes, however, the superlative was much more elaborate: fermân - ı âlî- şân (decree whose glory is exalted), 6... işbu hükm - i ş erîf- i cihân- mutâ - ı lâzı mu l- ittibâ ı virdüm ve buyurdum ki... TSMA, no H. Busse, Farman, EI², 2:803. 9

10 fermân - ı sa âdet- unvân (decree whose sign is felicity), fermân - ı be şâret- unvân (decree which signals good news), fermân - ı şeref- ıktı rân (decree which is in conjunction with honor), fermân - ı vâcibü l- iz ân (decree ready obedience to which is incumbent), fermân - ı vâcibü l- imtisâl (decree which must be conformed to), fermân - ı cihân- mutâ (fermân which is obeyed by the whole world), fermân - ı kadr- tuvân (powerful and mighty fermân), fermân - ı kazâ- cereyân (fermân that acts like a decree of Providence) Similar adjectives, too, were appended to emr and hükm, which are used synonymously with fermân. 8 The term fermân had been used by the Ilkhanids after their conversion to Islam, and had passed to the Ottomans afterwards. Among the Great Seljukids, the Seljuks of Rum and the Mameluks the term tevkî had been used instead of fermân, while the term yarl ığ had gained some circulation amongst the Timurids, Kara- Koyunlu and Ak- Koyunlus, and the Khanates of Altin- Orda and the Crimea. Another term, pervâne, which had been used by the Seljukids and sparingly by the early Ottomans, had been used to mean both fermân and men şûr. 9 The term sözüm that appears in the fetihnâme, letter of victory, written in both Arabic and Uigur scripts, which Mehmed II sent to the rulers of neighboring regions after the victory at Otlukbeli (AD 1473), had also been used to mean fermân Mübahat Kütükoğ lu, Fermân, Dİ A, 12: İ. Hakk ı Uzunçarşıl ı, Fermân, İ A, 4:571. Also see the same author s Osmanlı Devleti nin Saray Teşkilatı (Ankara: Türk Tarih Kurumu, 1979), R. Rahmeti Arat, Fatih Sultan Mehmed in Yarlığı, Tarih Mecmuası (1939) 4:

11 3. Berât In general, berât (pl. berevât ) is a decree, drawn up in the name of the sultan, that gives certain powers or privileges, or establishes the exploitation or property rights over state property to individuals or corporate bodies (such as vakf s), and orders third parties to acknowledge and honor these powers and privileges. 11 Although the reason for the composition of a berât is usually indicated in its text, these reasons can be grouped as follows: 12 etc.) Berâts issued for the appointment to a state office (vizier, beylerbeyi, Berâts that allow use of state property and lands, or convert them into private property (temliknâ me, mâlikâne, ocakl ı k, etc.) Appointment berâts to jobs in vakfs (ashâb- ı cihât 13 etc.) 11 Before a berât was issued, the Ottoman chancery conducted several operations on the proposition. This process is illustrated in Halil İnalcı k, Osmanl ı Bürokrasisinde Aklam ve Muamelat, Osmanl ı Araştırmaları (1980) 1: A comprehensive treatment of all berât types has been conducted in Nejdet Gök, Beylikler Döneminden İtibaren Osmanlı Diplomatikası nda Berât Formu, unpublished Ph.D. thesis, Marmara Üniversitesi, İ stanbul The first original classification of Ottoman documents had been carried out by the last Ottoman official chronicler, Vakan üvis Abdurrahman Ş eref in his article Evrak- ı Atika ve Vesaik- i Tarihiyemiz, Tar ih- i Osmani Encümeni Mecmuası (1912) 1: The classification advanced by Hungarian archivist and historian Lajos Fekete, in Einfuhrung in die Osmanische- Turkische Diplomatik der Turkischen Botmassigkeit in Ungarn (Budapest, 1926) received wide recognition. In this classification, documents are grouped according to the administrative and clerical office that prepared them, and according to their date of preparation. For further advances in the field see M. Guboglu, Paleograifa si Diplomatica Turco- Osmana (Bucharest, 1958); M. Tayyib Gökbilgin, Osmanl ı İmparatorluğu Medeniyet Tarihi Çerçevesinde Osmanlı Paleografya ve Diplomatik İ lmi (Istanbul, 1979). Mübahat Kütükoğ lu extended Fekete s scheme in Osmanl ı Belgelerinin Dili, Diplomatik (Istanbul, 1994). Bulgarian historians Boris Nedkov (Osmanoturska Diplomatika i Paleografiya, Sofia 1966) and his student Asparuh Velkov (Vidove Osmanoturski Dokumenti, Prinos kim Osmanoturskata Diplomatika, Sofia 1986) oppose Fekete s division of documents into two groups as secular and religious and divide the documents primarily as either individual documents or defter s, registers. Finally, the works of Jozef Matuz, Anton Schaendlinger, and Valery Stajanow in the Ottoman Diplomatics has to be noted. 11

12 In summary, the reason for drawing up berâts is to give rights, privileges, entitlement to exploitation of the state assets, or awarding freehold property. E. Comparison of Berât and Fermân Comparing the parts of fermân and berât, it is seen that da vet, tuğ râ, tarih, and mahall- i tahrîr sections in the two document types are completely the same. Although other sections also carry similar names, there are important differences. 1. The important point in a fermân is the order itself and its execution. On the other hand the berât is a document of privilege and authorization, thus primary emphasis is placed not on the order but on the recipient of the berât, who is called as sâhib- i berât (owner of the berât) or ehl- i berât. It is precisely for that reason that in many fermâns, the names of the addressed officials are not recorded. In the eighteenth century, the place in which their name would have been put was left empty, because in fermâns the correspondence is not to the individuals but to their office. A change of post did not nullify the responsibility to carry out the order. An imperial decree 13 Holders of cihet (pl. cihât ), variously termed as erbâb- ı cihât, ashâb- ı cihât, ashâb- ı vezâif, and mürtezika- i evkâf in the Ottoman documents, are divided into two main groups: (i) those requiring qualification in the Islamic sciences, such as imâmet, hitâbet, vâ izlik, dersi âml ı k, tedrîs, cibâyet, and kitâbet, were called cihât- ı ilmiyye ; (ii) those involving physical effort, such as kayy ımlı k, türbedârlı k, and ferrâşlı k, were called cihât- ı bedeniyye. Since holders of cihet were legally acknowledged to be in the askerî class, they were endowed with certain rights and exemptions, like other askerîs. Mehmet İpşirli, Dİ A 7:

13 would be carried out regardless of the person occupying the office, since the decree carried the force of law. 14 Kânûn s promulgated during Mehmed the Conqueror s reign, as well as those before his reign, were nothing but fermâns issued for certain problems. Since these included general rules to be obeyed, they were known as fermân - kânûn s or kânûn- fermân s. Sometimes, these kânûns are in the form of administrative orders involving a certain group Texts of the two documents open in different ways that are suited to their purpose of composition. The text of the fermân begins with elkâb, honorific titles that are appropriate to the rank and office of the addressee. 16 Then, the office he is occupying is stated, to which either his name and rank is appended or a blank space large enough to hold the addressee s name and rank is left. Immediately afterwards comes a short prayer, du a, which is also in conjunction with the addressee s status. 17 The combination of elkâb, name, 14 Boris Nedkov, Osmanoturska Diplomatika i Paleografiya (Sofia, 1966), 1: ; Mübahat Kütükoğlu, Osmanl ı Belgelerinin Dili, Halil İnalcık, Osmanl ı İmparatorluğ u, Toplum ve Ekonomi ( İstanbul: Eren Yayıncılı k, 1992), 338. There are many examples of kânûn- fermâns in H. İnalcı k and R. Anhegger, Kânûnname - i Sultani ber muceb- i Örf- i Osmani (Ankara: Türk Tarih Kurumu, 1954) : documents no. 3, 5, 13, and others. Interestingly, not all documents in this collection are fermâns there are also some berâts as well, which served law, such as yasak- nâmes. See Halil İnalcı k, Notes on N. Beldiceanu s Translation of the Kanûnnâ me, fonds turc ancien 39, Bibliotheque Nationale, Paris, Der Islam (1967) 43: Some people dismiss the elkâb and other formulas found in the Ottoman documents as boring repetitions and think that nothing could be gained by studying them. On the contrary, the Ottomans were meticulous in awarding elkâbs, which strictly reflected the person s position within Ottoman hierarchy. The language of elkâb is imbued with references to Quran and other holy texts, and to mythology and ancient history. Similar observations can be made for other clichés in the Ottoman documents. One has to decode their pompous language and learn to distinguish between the exaggerated superlatives. The elkâb, then, help us understand how the Ottomans viewed their world. For a fine example of such an endeavor, see Halil İnalcık, Power Relations 17 Usage of elkâb and du â in fermâns and other official correspondence was not arbitrary; they depended on and differed according to the addressee s rank, office, social status, and religion. Detailed lists were included in the münşeât collect ions, the most famous 13

14 and du a form the address (inscriptio) of the fermân and make a suitable opening for a document that calls for action. On the other hand, berâts begin with certain clichés that we call the berât opening formula in a less urgent tone. These formulas demonstrate the might and majesty of the Ottoman sultan, thereby evoking senses of stability, permanence, and durability. From the beginning, the berât assures its holder - and all others who might dare to interfere- that the authority that issued the berât has all the power to protect it and prevent any infringement. 3. In many fermâns the number of addressees is more than one. These might be kad ıs, beylerbeyis, or sancak beyi s, who were occupying these posts at that time. Usually, both the judicial and administrative branches (kad ı and bey) are addressed in an effort to create a system of provincial checks and balances. 18 However, berâts are not documents that directly address someone to do something in a way, they are addressed to whom it may concern. It is true that in the emir or hüküm part of the berât, third parties are warned to respect the rights and privileges of the berât holder. There is a general call to beylerbeyis, sancak beyis, kad ıs, and other officials, extending to future occupants and any other official that might come across the document. The classical formula for this address is On this issue, let no one shall interfere and attack through prevention and expulsion. ( Ol bâbda hiç ahad mâni ve of them by Feridun Bey, Münşeât- ı Selâtîn (Istanbul, ). The kânûnnâme of Mehmed II defined elkâb for many offices. Ahmed Akgündüz, Osmanl ı Kânûnna meler i ve Hukuk i Tahlilleri (Istanbul: OSAV Yayınlar ı, 1992), 1: Many examples of elkâb and du â in the berâts are found in Nejdet Gök, Beylikler Döneminden İtibaren Osmanl ı Diplomatikası nda Berât Formu, Halil İnalcık, Şikayet Hakk ı: Arz- ı hal ve arz- ı mahzarlar, Osmanl ı Araştırmaları (1988) 7-8:

15 dâfi olmayub dahl ü ta arruz kı lmayalar. ) Thus, in the berât the address to any official is in the third person narrative, while the fermân addresses them directly. This is the crucial difference between fermân and berât. This is also corroborated by the different forms of the ending formula. In general, fermâns end with Thus you are to know, you are to place reliance upon the noble sign. ( ş öyle bilesi(n / z), alâmet- i ş erîfe i timâd kılas ı (n/z) ) which is converted to the third person in berâts as Thus they are to know, they are to place reliance upon the noble sign. ( ş öyle bileler, alâmet- i şerîfe i timâd kı lalar. ) The elkâb section in berâts appears in the nakil part, in contrast with the fermân, which begins with the elkâb. In some berâts, the elkâb found at the beginning after the niş ân formula is not the title of the berât holder but the title of the administrator who oversees the subject of the berât. 4. After the introductory protocol, the main text of a fermân begins with a narrative of the case and an explanation of the reasons for the composition of the fermân. If the event described in the fermân is a recent one, the narrative begins with terms such as hâliyâ ( presently ) or şimdiki halde ( at present situation ). If the situation that required the issuance of fermân necessitates summarizing past events, the narrative begins with terms such as bundan akdem or bundan evvel (before the present) and the past tense is used. This section is called nakil or iblâ ğ (narratio). Nevertheless, before the nakil section comes a connecting formula, when the exalted imperial sign arrives, be it known that ( tevkî - i refî - i hümâyûn vâsıl olı cak ma lûm ola ki ), that provides the transition from the elkâb and prayer part. 15

16 This connecting formula in the fermâns of the early period is slightly different. For example, in the fermâns of Mehmed II, when the exalted sign that is obeyed by the whole world arrives, know that/be it known that is used In berâts, the recipient of the berât is signified as dârende- i tevkî - i hümâyûn. In berâts, the orders are issued to third parties who are responsible for honoring the rights and duties. On the other hand, there is a direct muhatab in fermâns and he/they are addressed as sen or siz. 6. Since important rights and powers are delegated to the holder of a berât, these rights are clearly mentioned in the verdim ve buyurdum ki ( I have given [it] and ordered that ) formula. This part is called as the ş art, condition, of the berât. Depending on the type of berât, different expressions are used in the ş art part of the berât. The formula verdim ve buyurdum ki, common among classical period berâts, is slightly different in the early period: In a biti of Orhan dated 754 AH, I have given by making it a vakf, let [him] use it and pray for my sovereignty Halil İnalcık, Bursa Şeriyye Sicillerinde Fatih in Fermânlar ı, Belleten (1947) 11: For other document examples from Mehmed II s reign, see V. L. Menage, Seven Ottoman documents from the reign of Mehemmed II, in Documents from Islamic Chanceries,First Series, ed. S. M. Stern, (Oxford, 1965), and plates XXX-XXXVI. 20 vakf idüb virdüm, tasarruf eyleyüb devletime du â eylesün For the berâts of the early period see Paul Wittek, Zu einigen frühosmanischen Urkenden (I- VII), Wiener Zeitschrift für die Kunde des Morgenlandes (WZKM) ( /64) LIII: ; LIV: ; LV: ; LVI: ; LVII: ; LVIII: ; LIX/LX: It must be noted that what would be called as berât in the classical period had been called variously as niş ân, biti, misâl, mektûb, or hüküm in the early period. The complex terminology of documents in the berât constellation is studied in detail in the forthcoming article in Bulgarian Historical Review: Nejdet Gök, Introduction of the Berât in Ottoman Diplomatics. For other terms meaning berât that were used during the reign of Murad II, see Halil İnalcı k, Hicri 835 Tarihli 16

17 In another biti of Orhan, dated 759 AH, we, too, have decided that way. No one 21 In a biti of Murad I (785 AH) I, too, have made [it] a vakf by consigning ( m ü sellem dutub ben dahi vakf itdüm.. ) With slight modifications, in bitis of Musa Çelebi (804 AH), İ sa Çelebi (805 AH), Mustafa Çelebi (808 AH) and Mehmed Çelebi (822 AH), there is: I have consigned or I have consigned and exempted 22 In a niş ân of Murad II (843 AH), there is, I have given [it] so that you shall be using that vakf in the form of vakf 23 In some fermâns of Mehmed II, the phrase it is necessary that ( gerekdir ki ) is used instead of I have ordered that ( buyurdum ki ) When compared to berâts, fermâns carry orders and regulations on more restricted and temporary issues. Berâts, however, are more permanent and continuous, and restrict the authority of future sultans to a certain degree. For that reason, when a new sultan is enthroned, all berâts are usually renewed. At the beginning of such renewed berâts, this situation is referred to in the following words or similar: Suret- i Defter- i Sancak- i Arvanid (Ankara: Türk Tarih Kurumu, 1954). 21 Friedrich Krealitz, İlk Osmanl ı Padişahlarının Isdar Etmi ş Olduklar ı Baz ı Berâtlar, Tarih- i Osmani Encümeni Mecmuası (1917) 5: ; P. Wittek, Zu einigen frühos ma nı schen Urkenden I, document no m üsellem duttum or mu âf ve müsellem duttum P. Wittek, Zu einigen frühos ma nı schen Urkenden III- IV, documents no. 5, 6, 7, and 8; V. L. Menage, Musa Celebi s Nishan of 815/ 1412, BSOAS (1963) 26: v irdüm kim, ol vakfa vakfiyyet üzere mutasarrı f olub TSMA, Sinan Paş a, no Halil İnalcı k, Bursa Şeriyye Sicillerinde Fatih in Fermânlar ı,

18 Taht- ı âlî baht- ı Osmânî üzere cülûs- ı hümâyû n - ı sa âdet- makrûn (or mey menet - menûs)um vâki olmağ la umû men tecdîd- i berevât fermânım olmağı n Since my felicitous and luck- bringing enthronement to the fateful great Ottoman throne has happened and the general renewal of berâts has been my fermân 8. It is one of the properties of the fermân that, within its text, the word fermân appears in combinations such as by the requirement of my holy fermân or my great and honorable fermân has been decreed. In berâts, on the other hand, the word berât appears in the connecting sentence between the nakil and emir sections as follows: Bu berât- ı hümây ûn u virdüm ve I have given this imperial berât and Bu berât- ı hümây ûn - ı izzet- makrûnu virdüm I have given this imperial berât, which brings greatness Bu nişân- ı hümâyû n - ı mekre met - unvân ı virdüm I have given this imperial nisan (meaning berât), whose signature is nobility Bu berât- ı behcet- âyât ve meserret- gâyât ı virdü m I have given this berât, which signals happiness and whose purposes are happiness 9. These two document types may be distinguished by their look and appearance as well. Firstly, the first line of berât typically contains the niş ân formula, composed in a complex formulation. Secondly, towards the end of the 18

19 timâr berâts, information about the timâr and the villages and nâhiye s contained therein is directly copied from imperial cadastral registers (defter- i hâkânî ) and written in the easily distinguished siyâkat script. In the Tanzimat period, the Ottoman chancery entered a phase of radical change, in keeping with the bureaucratic reforms of the state. 25 A simpler language and style came to be used in the documents. In the meantime, fermân and berât began to lose their central role and their use was restricted to certain limited topics. Instead of fermâns, the sultans proclaimed irâde- i seniyye s, and berâts were mostly issued for certain religious functions, such as vakf services, and for awarding honorary titles such as nişân, and madalya, medals. Thus, fermân and berât in the nineteenth century have to be studied separately. 25 İlber Ortayl ı, Osmanl ı Kançılaryasında Reform: Tanzimat Devri Osmanlı Diplomatikasının Baz ı Yönleri, Tarih Boyunca Paleografya ve Diplomatik Semineri Bildiriler (Istanbul, 1988),

20 BIBLIOGRAPHY Abdurrahman Ş eref. Evrak- ı Atika ve Vesaik- i Tarihiyemiz. Tar ih- i Osmani Encümeni Mecmuası 1 (1912): Akgündüz, Ahmed. Osmanl ı Kânûnna m eler i ve Hukuk i Tahlilleri. Vol. 1. Istanbul: OSAV Yayınlar ı, Arat, R. Rahmeti. Fatih Sultan Mehmed in Yarl ığı. Tarih Mecmuası 4 (1939): Babinger, Franz. Zwei grossherrliche Schenkungsurkunden aus den Jahren 1008/1600 und 1023/1614. MSOSW 30 (1927): Busse, H. Farman. EI² 2:803. Fekete, Lajos. Einfuhrung in die Osmanische- Turkische Diplomatik der Turkischen Botmassigkeit in Ungarn. Budapest, Feridun Bey. Münşeât- ı Selâtîn. İstanbul, Giry, A. Manuel de Diplomatique. Paris, Gök, Nejdet. Osmanl ı Diplomatikasında Bir Berât Çeş idi Olan - Ahidnameler-. Türkiye Günlüğ ü 59 (Jan- Feb 2000): Beylikler Döneminden İtibaren Osmanl ı Diplomatikası nda Berât Formu, unpublished Ph.D. thesis, Marmara Üniversitesi, İstanbul Introduction of the Berât in Ottoman Diplomatics. Bulgarian Historical Review Gökbilgin, M. Tayyib. Osmanl ı İmparatorluğ u Medeniyet Tarihi Çerçevesinde Osmanl ı Paleografya ve Diplomatik İ lmi. Istanbul, Guboglu, M. Paleograifa si Diplomatica Turco- Osmana. Bucharest,

21 Guyotjeannin, Olivier and Jacques Pycke and Benoit- Michael Tock. Diplomatique Medievale. Brepols, İnalcık, Halil and R. Anhegger. Kânûnname - i Sultani ber muceb- i Örf- i Osmani. Ankara: Türk Tarih Kurumu, İnalcı k, Halil. Hicri 835 Tarihli Suret- i Defter- i Sancak- i Arvanid. 2nd ed. Ankara: Türk Tarih Kurumu, Osmanl ı Bürokrasisinde Aklam ve Muamelat. Osmanl ı Araştırmaları 1 (1980): Osmanl ı İmparatorluğ u, Toplum ve Ekonomi. İ stanbul: Eren Yayıncılık, Notes on N. Beldiceanu s Translation of the Kanûnnâme, fonds turc ancien 39, Bibliotheque Nationale, Paris. Der Islam 43 (1967): Power Relations. Şikayet Hakk ı: Arz- ı hal ve arz- ı mahzarlar. Osmanlı Araştırmaları 7-8 (1988): 40.. Bursa Şeriyye Sicillerinde Fatih in Fermânlar ı. Belleten 11 (1947): Hicri 835 Tarihli Suret- i Defter- i Sancak- i Arvanid. Ankara: Türk Tarih Kurumu, İpş irli, Mehmet. Cihât. Dİ A 7: Kraelitz, Friedrich. İlk Osmanl ı Padişahlarının Isdar Etmi ş Olduklar ı Bazı Berâtlar. Tarih- i Osmani Encümeni Mecmuas ı (TOEM) 5 (1917): Osmanische Urkunden in türkischer Sprache aus der zweiten Halfte des 15. Jahrhunderts. Ein Beitrag zur osmanischen Diplomatik. 21

22 Sitzungberichte de Akademie der Wissenchaften, Philosphisch- Historische Klasse (1921): 197 iii. Kütükoğ lu, Mübahat. Fermân. Dİ A 12:400.. Osmanl ı Belgelerinin Dili, Diplomatik. Istanbul, Menage, V. L. Seven Ottoman documents from the reign of Mehemmed II. In Documents from Islamic Chanceries, First Series, ed. S. M. Stern, and plates XXX-XXXVI. Oxford, Musa Celebi s Nishan of 815/1412. BSOAS 26 (1963): 646- Nedkov, Boris. Osmanoturska Diplomatika i Paleografiya. Sofia, Redhouse, J. W. A Turkish and English Lexicon. Constantinople, Ortayl ı, İlber. Osmanl ı Kançılaryasında Reform: Tanzimat Devri Osmanlı Diplomatikasının Baz ı Yönleri. Tarih Boyunca Paleografya ve Diplomatik Semineri Bildiriler, İstanbul, Reychman, Jan and Ananias Zajaczkowski. Handbook of Ottoman - Turkish Diplomatics. revised and expanded translation by Andrew S. Ehrenkreut z. Mouton, TSMA, Sinan Paş a, no. 21. TSMA, no Uzunçarşıl ı, İ. Hakk ı. Fermân. İ A 4:571.. Osmanl ı Devleti nin Saray Teşkilatı. Ankara: Türk Tarih Kurumu,

23 Velkov, Asparuh. Vidove Osmanoturski Dokumenti, Prinos kim Osmanoturskata Diplomatika. Sofia, Wittek, Paul. Zu einigen fr ühosmanischen Urkenden (I- VII). Wiener Zeitschrift für die Kunde des Morgenlandes (WZKM) ( /64) LIII: ; LIV: ; LV: ; LVI: ; LVII: ; LVIII: ; LIX/LX: